WEST virginia Legislature
2025 regular session
Introduced
House Joint Resolution 40
By Delegates Kimble, Akers, Anders, Butler, W. Clark, Cooper, Coop-Gonzalez, Crouse, Dillon, Dittman, Drennan, Ferrell, Hillenbrand, Hite, Hornby, Horst, T. Howell, Jeffries, Jennings, Kump, Leavitt, Mallow, Masters, Maynor, Mazzocchi, McGeehan, Miller, Moore, Parsons, Petitto, Phillips, Pritt, Ridenour, Sheedy, B. Smith, D. Smith, Vance, White, Worrell, and Zatezalo
[March 18, 2025; Referred
to the Committee on Education then Judiciary]
Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article twelve thereof, relating to education; providing for the election of members of the State Board of Education, beginning with the general election in 2028; shortening the term of State Board of Education members; providing that the West Virginia Board of Education may promulgate rules or policies which shall be submitted to the Legislature; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2026, which proposed amendment is that section two, article twelve thereof, be amended and reenacted to read as follows:
## ARTICLE XII. EDUCATION.
The general supervision of the free schools of the state shall be vested in the West Virginia board of education which shall perform such duties as may be prescribed by law. The board shall consist of nine members to be appointed by the Governor, by and with the advice and consent of the Senate, for overlapping terms of nine years, except that the original appointments shall be for terms of one, two, three, four, five, six, seven, eight, and nine years, respectively. No more than five members of the board shall belong to the same political party, and in addition to the general qualifications otherwise required by the Constitution, the The board shall consist of nine members, five of whom shall be elected on a partisan basis and four of whom shall be appointed by the Governor with consent of the Senate. All members elected and appointed shall serve terms of four years, and no person shall serve more than two terms. The members elected on a partisan basis shall be for terms of one and one, two, three, and four years, respectively. The members who are appointed shall serve one, two, three, and four years, respectively. For the five members elected on a partisan basis, one member shall come from five regions, and to serve in the time frame set forth below:
Region 1 (One year term) – Monongalia, Preston, Tucker, Randolph, Pendleton, Grant, Hardy, Mineral, Hampshire, Morgan, Berkeley, and Jefferson;
Region 2 (Three-year term) – Harrison, Barbour, Lewis, Upshur, Gilmer, Calhoun, Braxton, Webster, Nicholas, Pocahontas, Greenbrier, Fayette, and Raleigh;
Region 3 (Four-year term) – Cabell, Lincoln, Wayne, Logan, Mingo, Wyoming, McDowell, Mercer, Summers, and Monroe;
Region 4 (One year term) – Mason, Jackson, Roane, Putnam, Kanawha, Clay, and Boone;
Region 5 (Two-year term) – Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Taylor, Tyler, Pleasants, Doddridge, Ritchie, Wood, and Wirt.
Any member appointed by the Governor who is related to the Governor is eligible to serve, but shall serve ex officio. The apportionment of districts for election and appointment and the procedures for the filling of vacancies shall be provided by general law.
Under its supervisory duties, the West Virginia Board of Education may promulgate rules or policies which shall be submitted to the Legislature for its review and approval, amendment, or rejection, in whole or in part, in the manner prescribed by general law.
The Legislature may require other specific qualifications for membership on the board. No member of the board may be removed from office by the Governor except for official misconduct, incompetence, neglect of duty, or gross immorality, and then only in the manner prescribed by law for the removal by the Governor of state elective officers.
The West Virginia board of education shall in the manner prescribed by law, select the state superintendent of free schools who shall serve at its will and pleasure. He or she shall be the chief school officer of the state and shall have such powers and shall perform such duties as may be prescribed by law.
The state superintendent of free schools shall be a member of the board of public works as provided by subsection B, section fifty-one, article six of this Constitution.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered "Amendment No. 1" and designated as the "Election of West Virginia Board of Education members amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to provide for the election of members of the State Board of Education, and to provide for rulemaking by the Legislature."
NOTE: The purpose of this amendment is to provide for the election of five members of the West Virginia Board of Education, in a manner provided by law, and to provide for rulemaking by the Legislature.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.